ML20034B495
| ML20034B495 | |
| Person / Time | |
|---|---|
| Issue date: | 03/30/1990 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Axelson J H.A.F.A. INTERNATIONAL, INC., VAN GRACK, AXELSON & WILLIAMOWSKY, P.C. |
| References | |
| FOIA-90-75, FOIA-90-77 NUDOCS 9004270252 | |
| Download: ML20034B495 (3) | |
Text
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U.S.CUCtLAR REGULATORY COMMhIS$1 FOIA -
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[T RESP 3NSE T3 FREEDOM OF f6
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"o INFORMATION ACT (FOIA) REQUESh p
NAR 3 o Igal oeeee own wue eeece, V
PART 1.- AG[NCY Rf CORDS RELE ASED OR NOT LOCAf tD (See checked benes)
No egency records subsect to the request have t.een located.
No additionet egency retoeds subject to the request have been located Requested records s's avoitable through emother public distribution prog'em See Comments Section Agency eetoeds subsect to the eequest that s'e identd46 on Acpendiales' ese streedy eseiiet.no 10+ publ<c sespecbon and copyng m the NRC Pubhc Document Room 2120 L Street. N W. WesNngton. DC 20%6 Agency vecoeds subs ct to the request that s'e scentified on Accend stest are treeng made eveilable for public espection and copymg m the e
NHC Public Document Rc,om. 2120 L Street, N W. WesNngton, DC. m a fo80er undes tNs FOIA numbet end stovester name.
The nonpeoprote'y we'seon of the proposel<st that you areed to accept en a telephone conve'.setion with a member of my staff is now being made e enspection and coptmp et the NRC Public Document Room 2120 L Siteet. N W. Washmuton DC, m o folcle' unde. this FOIA number end reovester e.eme Agency recoeds subject to the roovest that ere identified om Ac.oemd siesi rney be enspected and top.ed et the NRC Local PutAc Document Room coenpf.ec -
m the Comrne* ts $ection inclosed es m'o'metion s,n how you may obtem access to and the che'ges for corYmp 'eco'es placed m the NRC *vblic Document Room. 2120 L 59tet Nw, Washinyon DC Agency reco'ds subsect to the reovest see enclosed Recoeds subsect to the request have teen refef'ed to enother Fede'ef agencyliest 10- eeview and duett response to you
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You w6ti be biled by the NRC foe fees totating 8 l
in view of NRC's response to this roovest. no furthee action is t+mg taken on appeelleitee deied No PART 11. A-INFORMATION WITHHELD FROM PUBUC DISCLOSURE Certain infoemetion m the 'eovesied secords is t+mg withheid f*om putiic d<sciosure puesvent to the esempoons oesce. bed m ena foe tre etesons sieted m Pe t 11 sections B. C, and D Any reitened porbons of the oocuments for which ont, poet of tne ret oed is teing v*ithheio sie t+ ng Foot e*edetne f oe putil.c iespect<on and copying m the NRC Putdic Document Room. 2120 L Street. N W. WesNngton DC m a foice' unoee ins f D4A numbe' end requester name COMMENTS I
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StG VRE, DIRECT. IVISION OF 4 ~ OM OF INFOP ATION AND PUBUC AfiONS SERVICES W
fi 9004270252 900330 PDR FOIA PDR AXELSON90-75
FOIA - @ - 7N, ATE wm, n w FREEDOM OF INFORMATION ACT RESPONSE Foid NuustRcsi PART 18.8-APPUCABLE EXEMPTIONS R cords su ect 13 the request th;t ar) desefibed cn the Cnclosed Appendides) are being withheld in their Cntirety of in part undef the t emptions and for the reasons set forth below pursuant to 5 U S.C. 552(b) and 10 CFR 9.17(e) of NRC Reguistions.
1 The withheld information a property classified pursuant to Enocutwo Order ((XEMPTION 1)
- 2. The wethhuld informotion relates solely to the mtemas personnel rules and procedures of NRC (EXEMPTION 2)
- 3. The withheld iriformation es specifically exempted from public disclosure by statute mdeCated: ftXEMPTION 3)
Sections 141 146 of the Atomic Energy Act which prohibits the disclosure of Restricted Date or Formerly Restereted Osta.42 U.S C. 21612166).
Section 147 of the Atomic Energy Act which prohibits the disclosure of Unclassifed Safeguards informaison (42 U S.C. 2167L
- 4. The withhold informetion is a trade secret or commercial or financel mformation that is besng withheld for the reason (s) mdicated. (EXEMPTION 4)
The information e Considered to be Confidential busmess (propretaryl information.
The iriformation is Considered to be propnetary information pursuant to 10 C 2.790tdl(1L The mformaten was submitted and received m confidence pursuant to 10 CFFi 2 790tdH2)
- 5. The withheld mformaten consists of enterspency or intrangency records that are not available through discovery during htigation (E AEMPTION BL Applicable Pewslege-Denbe,aisve P,ocess Disciosure of p,edecisionai info,mai.n wouid i.nd io innsbri ine open.nd fr,ns e. chang. of ideas ess.niisi io ih. denberaiwe process.
Where records are withheld in their entirety, the facts are inextricably intertwined with the predecrsionalinformaison. There also are ho reasonably segregable f actual portions because the release pf the facts would permit en mdirect inquiry into the predecisional process of the agency.
Attorney wo4 product pewilege (Documents prepared by an attomey m contemplation of htigation i Attorney ~ client privilege (Confidential comm nicatens between an attomey and his her client )
- 6. The withheld information is enempted from pubhc disclosure because its disclosure would result m a clearly unwarranted invasion of personal pnvecy. (EXIMPTION 6)
K 7, The withheld information consists of records compiled for law enforcement purposes and is bemg withheld for the reasontal mdicated. (EXEMPTf0N 71 Disclosure could reasonably be espected to eterfere with an enforcement proceeding because it could reveal the scope daection, and focus of en-forcement offorts and thus could possibiy allow them to toke action to shield potential wrongdomg or a volaten of NRC requirements from mvestigators.
E XEMPTION 7 (An t
l Disclosure would constitute an unwarranted invasion of personal privacy (EXEMPTION 7(Cil The information consists of names of mdividuais and other mformation the disclosure of which could reasoesbly be espected to revealidentities of confidential sources l(xEMPTION 71D6) i OTHLFt PART 11. C-DENYING OFFICIALS Pursuant to to CFR 9 2bibi and'or 9 26 (c) of the U S Nuclear Regulatory Commission regulatior d. It has been determmed that the mformation withheld is exempt from producten or disclosure, and that its production or disclosure is contrary to the pubhc interest The persons responsible for the denial are those of ficials identifed i
below as denymg officials and the Director. Division of Freedom of information and Publications Services. Of face of Admmistration and Resources Management for any concle that may be appepled to the Enecutive Director for Operations (EDOI j
DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL SECRE T ARY EDO vf tf A W MA, A i
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PART 11. D-APPEAL RIGHTS The deruel by each denytng officielidentifed in Part 11 C may te appealed to the Appeflate Officialidentifed in that section. Any such appeal must be in writmg and must be made withm 30 days of receipt of this response Appeals must be addressed as appropnate to the Enocutrve Director for Operatens or to the Secretary of the Commission, U.S. Nucleat Regulatory Commission Washington, DC 20555 and shouid clearly state an the envelope and in the letter that it is an " Appeal from en Initial FOIA Decioson.'
NftC F!RN 464 (Port 2) 1 U.S. NUCLEAR REGULATORY COMMISSION '
FOIA RESPONSE CONTINUATION
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APPENDIX _ //,
RECORDS TOTALLY WITHHELD NLUMBER DATE DESCRIPTION & EXEMPTION 0Y"f^Y f f
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